Legislature(1995 - 1996)
1996-02-07 House Journal
Full Journal pdf1996-02-07 House Journal Page 2639 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday February 7, 1996 Thirty-first Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:32 a.m. Roll call showed 33 members present. Representatives Barnes, B.Davis, Long, Porter and Robinson had been previously excused from a call of the House today. Representative Hanley was absent and his presence was noted later. Representative Mackie was absent and later excused. The invocation was offered by the Chaplain, Reverend Leon Thompson of the Chapel by the Lake. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear God, a new day has dawned and new opportunities present themselves to each of us. May we use this day carefully and wisely, making the most of our time and efforts. We give thanks for the commitment of these representatives of the people of Alaska. We thank You for their time and talents shared and for the giving of themselves in service. Guide them through the hearings of various bills to be enacted upon. Sustain them through the many hours of reading and listening as they gather information for the making of decisions. Give them courage and power to act on the things that will bring goodness and health to the people of this great land. Help them deal with all issues with integrity, imagination, intelligence, justice and love. 1996-02-07 House Journal Page 2640 We acknowledge You God as the one who has given us minds to think, wills to do, and spirits to love. May we use carefully all that has been created within us for the good of others. Surround us this day with Your presence and help us to continually call upon Your strength in all that we do. We pray all this to the one who created us and sustains us. Amen. The Pledge of Allegiance was led by Representative Willis. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 29th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 5, 1996, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 190 CS FOR SENATE BILL NO. 190(RES) am by the Senate Resources Committee, entitled: An Act establishing a residency requirement for auctions of state land. was read the first time and referred to the Resources Committee. 1996-02-07 House Journal Page 2641 REPORTS OF STANDING COMMITTEES HJR 52 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 52 Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Vezey, B.Davis, Porter, Green, Bunde, Toohey No recommendation (1): Finkelstein The following fiscal note applies to CSHJR 52(JUD): Zero fiscal note, Dept. of Law, 1/30/96 HJR 52 was referred to the Rules Committee for placement on the calendar. HB 59 The Finance Committee has considered: HOUSE BILL NO. 59 An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 59(RES) (same title) 1996-02-07 House Journal Page 2642 HB 59 The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Mulder, Martin, Kohring, Grussendorf, Parnell, Therriault No recommendation (3): Brown, Kelly, Navarre Amend (1): Foster The following fiscal note applies to CSHB 59(RES): Fiscal note, Dept. of Fish & Game, 2/7/96 HB 59 was referred to the Rules Committee for placement on the calendar. HB 75 The Judiciary Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75 An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Vezey, Finkelstein, B.Davis, Green, Bunde, Toohey, Porter The following fiscal notes apply: Fiscal note, Alaska Court System, 2/7/96 Fiscal note, Dept. of Administration, 1/30/96 Fiscal note, Dept. of Law, 1/30/96 1996-02-07 House Journal Page 2643 HB 75 Fiscal notes (3), Dept. of Health & Social Services, 1/30/96 Fiscal notes (2), Dept. of Public Safety, 1/30/96 Fiscal notes (2), Dept. of Corrections, 1/30/96 Zero fiscal note, Dept. of Law, 1/30/96 Zero fiscal note, Dept. of Public Safety, 1/30/96 SSHB 75 was referred to the Finance Committee. HB 211 The Finance Committee has considered: HOUSE BILL NO. 211 An Act relating to voter registration and to state election administration. and recommends it be replaced with: CS FOR HOUSE BILL NO. 211(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (6): Foster, Hanley, Mulder, Parnell, Kohring, Therriault No recommendation (2): Grussendorf, Navarre The following fiscal note applies to CSHB 211(FIN): Fiscal note, Office of the Governor, 2/7/96 HB 211 was referred to the Rules Committee for placement on the calendar. 1996-02-07 House Journal Page 2644 HB 325 The Resources Committee has considered: HOUSE BILL NO. 325 An Act authorizing suspension of payment of a portion of the royalty due the state for initial production of heavy oil from wells on the Arctic Slope. and recommends it be replaced with: CS FOR HOUSE BILL NO. 325(O&G) An Act authorizing exemption from payment of royalty for initial production of a portion of the heavy oil produced from wells on the Arctic Slope; and providing for an effective date. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Williams, Green, Austerman, Kott, Ogan Amend (2): Nicholia, Davies The following fiscal notes apply to CSHB 325(O&G): Fiscal note, Dept. of Revenue, 1/24/96 Fiscal note, Dept. of Natural Resources, 1/24/96 HB 325 was referred to the Finance Committee. HB 330 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 330 An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date. The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: 1996-02-07 House Journal Page 2645 HB 330 Do pass (5): Elton, Austerman, Kott, Nicholia, Ivan The following fiscal notes apply: Fiscal note, Dept. of Community & Regional Affairs, 2/7/96 Zero fiscal note, Dept. of Administration, 2/7/96 HB 330 was referred to the Finance Committee. HB 382 The Finance Committee has considered: HOUSE BILL NO. 382 An Act extending the termination date of the Board of Dispensing Opticians; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 382(STA) An Act relating to the Board of Dispensing Opticians; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (10): Foster, Hanley, Mulder, Martin, Parnell, Kohring, Grussendorf, Navarre, Brown, Therriault The following fiscal note applies to CSHB 382(STA): Fiscal note, Dept. of Commerce & Economic Development, 1/16/96 HB 382 was referred to the Rules Committee for placement on the calendar. HB 404 The Finance Committee has considered: 1996-02-07 House Journal Page 2646 HB 404 HOUSE BILL NO. 404 An Act extending the termination date of the Board of Chiropractic Examiners; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 404(STA) An Act relating to the Board of Chiropractic Examiners; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (10): Foster, Hanley, Mulder, Martin, Parnell, Kohring, Grussendorf, Navarre, Brown, Therriault The following fiscal note applies to CSHB 404(STA): Fiscal note, Dept. of Commerce & Economic Development, 2/7/96 HB 404 was referred to the Rules Committee for placement on the calendar. HB 419 The Judiciary Committee has considered: HOUSE BILL NO. 419 An Act relating to the disposal of firearms and ammunition by the state or a municipality. and recommends it be replaced with: CS FOR HOUSE BILL NO. 419(STA) An Act relating to the disposal of property, including firearms and ammunition. The report was signed by Representative Porter, Chair, with the following individual recommendations: 1996-02-07 House Journal Page 2647 HB 419 Do pass (4): Porter, Vezey, Green, Toohey Do not pass (1): Finkelstein Amend (2): Bunde, B.Davis The following fiscal notes apply to CSHB 419(STA): Fiscal note, Dept. of Administration, 1/30/96 Zero fiscal note, Dept. of Public Safety, 1/30/96 HB 419 was referred to the Rules Committee for placement on the calendar. LEGISLATIVE CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Sherrie Markin Goll By Senator Ellis; Representative Robinson Honoring - Patrick L. Sharrock By Senator Taylor Honoring - Family Child Care Week, March 18-23, 1996 By Senator Leman In Memoriam - Donald Smokey Schroeder By Representative Willis; Senators Halford, Phillips In Memoriam - Clarence Mead Wren By Representative Ivan; Senator Hoffman In Memoriam - Henry I. Temple By Representative Ivan; Senator Hoffman 1996-02-07 House Journal Page 2648 In Memoriam - Tom Bavilla, Sr. By Representative Ivan; Senator Hoffman In Memoriam - Harold Herning By Representatives Vezey, Brice, James, Therriault, Davies; Senators Frank, Miller, Sharp In Memoriam - Anthony W. Tony Thomas By Senator Duncan; Representatives Elton, Robinson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 472 HOUSE BILL NO. 472 by Representative Bunde, entitled: An Act relating to release before trial for cases involving controlled substances. was read the first time and referred to the State Affairs and Judiciary Committees. HB 473 HOUSE BILL NO. 473 by Representative Kott, entitled: An Act relating to the maximum speed limit on the Glenn Highway between Anchorage and the George Parks Highway. was read the first time and referred to the Transportation and State Affairs Committees. HB 474 HOUSE BILL NO. 474 by Representative Toohey, entitled: An Act relating to violations of municipal ordinances and regulations; and amending the definition of the jurisdiction of the superior court and the Department of Health and Social Services over delinquent minors to add a further exclusion from that 1996-02-07 House Journal Page 2649 HB 474 jurisdiction for a minor's violation of a municipal ordinance or regulation that is punishable as an infraction or violation, and making a related technical amendment to that jurisdictional definition. was read the first time and referred to the Community & Regional Affairs, Health, Education & Social Services and Judiciary Committees. HB 475 HOUSE BILL NO. 475 by Representative Toohey, entitled: An Act relating to proceedings involving and records concerning children in need of aid and delinquent minors; and amending Rule 3(c), Alaska Delinquency Rules. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 476 HOUSE BILL NO. 476 by the House Special Committee on Military & Veterans' Affairs, entitled: An Act establishing YUKLA 27 Remembrance Day. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. HB 477 HOUSE BILL NO. 477 by Representative Kott, entitled: An Act relating to mandatory educational courses for parents who seek a divorce or dissolution. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. 1996-02-07 House Journal Page 2650 HB 478 HOUSE BILL NO. 478 by Representative Rokeberg, entitled: An Act allowing licensed real estate brokers, associate real estate brokers, and real estate salespersons to prepare certain documents; and providing for an effective date. was read the first time and referred to the Labor & Commerce Committee. HB 479 HOUSE BILL NO. 479 by Representative G.Davis, entitled: An Act relating to civil liability for injuries or death resulting from equine activities. was read the first time and referred to the Labor & Commerce and Judiciary Committees. **The presence of Representative Hanley was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 212 The following was read the second time: HOUSE BILL NO. 212 An Act relating to the management and sale of state timber and relating to the administration of forest land and classification of state land. with the: Journal Page STA RPT 1DP 4NR 1AM 844 2 FISCAL NOTES (DEC, F&G) 845 ZERO FISCAL NOTE (DNR) 845 RES RPT CS(RES) 6DP 3AM 2518 FISCAL NOTE (F&G) 2519 1996-02-07 House Journal Page 2651 HB 212 2 ZERO FISCAL NOTES (DNR, DEC) 2519 FIN RPT CS(FIN) 6DP 2AM 2598 FISCAL NOTE (F&G) 2598 ZERO FISCAL NOTE (DEC) 2598 ZERO FISCAL NOTE (DNR) 1/24/96 2598 The Rules Committee submitted the following fiscal note: Fiscal note, Dept. of Natural Resources, 2/7/96 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 212(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 3, line 20: Delete Sales of 160 acres or less Insert Sales under 500,000 board feet Page 3, line 22, following section.: Insert The Department shall advertise these sales in acreage. Representative Davies moved and asked unanimous consent Amendment No. 1 be adopted. Representative James objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 1 YEAS: 9 NAYS: 23 EXCUSED: 5 ABSENT: 3 1996-02-07 House Journal Page 2652 HB 212 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Navarre, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes, B.Davis, Long, Porter, Robinson Absent: Mackie, Masek, Nicholia And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Davies: Page 3, following line 19 through line 22: Delete all material. Insert (c) The requirements of this section do not apply to sales of less than 160 acres provided the total of sales each year under this paragraph in each region established by the commissioner under AS 41.17.080(c) does not exceed 10 percent of the timber sold in the region. ªTHE DEPARTMENT MAY ADOPT REGULATIONS EXEMPTING SMALL AND EMERGENCY SALES FROM THE REQUIREMENT OF THIS SECTION.ß Representative Davies moved and asked unanimous consent Amendment No. 2 be adopted. Representative James objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 2 YEAS: 10 NAYS: 24 EXCUSED: 5 ABSENT: 1 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Navarre, Nicholia, Willis 1996-02-07 House Journal Page 2653 HB 212 Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes, B.Davis, Long, Porter, Robinson Absent: Mackie And so, Amendment No. 2 was not adopted. UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Mackie - today until 1:30 p.m., plane time SECOND READING OF HOUSE BILLS (continued) HB 212 Amendment No. 3 was offered by Representative Davies: Page 4, line 13: Delete management Representative Davies moved and asked unanimous consent Amendment No. 3 be adopted. Representative James objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 3 YEAS: 8 NAYS: 23 EXCUSED: 6 ABSENT: 3 1996-02-07 House Journal Page 2654 HB 212 Yeas: Brown, Davies, Elton, Finkelstein, Kubina, Navarre, Nicholia, Willis Nays: Austerman, Brice, Bunde, G.Davis, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson Absent: Foster, Green, Ivan And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brice: Page 1, line 6: Delete "10" Insert "20" Representative Brice moved and asked unanimous consent that Amendment No. 4 be adopted. Representative James objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 4 YEAS: 6 NAYS: 24 EXCUSED: 6 ABSENT: 4 Yeas: Brice, Hanley, Kelly, Mulder, Therriault, Vezey Nays: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Grussendorf, James, Kohring, Kott, Kubina, Martin, Masek, Moses, Navarre, Ogan, Parnell, Phillips, Rokeberg, Sanders, Toohey, Williams, Willis 1996-02-07 House Journal Page 2655 HB 212 Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson Absent: Foster, Green, Ivan, Nicholia And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brice: Page 3, line 20: Delete "160" Insert "240" Representative Brice moved and asked unanimous consent that Amendment No. 5 be adopted. Representative James objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 5 YEAS: 5 NAYS: 26 EXCUSED: 6 ABSENT: 3 Yeas: Brice, Foster, Mulder, Sanders, Vezey Nays: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Therriault, Toohey, Williams, Willis Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson Absent: Green, Ivan, Martin And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Brice: 1996-02-07 House Journal Page 2656 HB 212 Page 1, line 14, through page 2, line 1: Delete ", describing the immediate and long-term effects of individual and collective forest activities on the timber base and on other resources and uses" Insert "ªDESCRIBING THE IMMEDIATE AND LONG-TERM EFFECTS OF INDIVIDUAL AND COLLECTIVE FOREST ACTIVITIES ON THE TIMBER BASE AND ON OTHER RESOURCES AND USESß" Representative Brice moved and asked unanimous consent that Amendment No. 6 be adopted. Representative James objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 6 YEAS: 5 NAYS: 28 EXCUSED: 6 ABSENT: 1 Yeas: Brice, Kelly, Mulder, Therriault, Vezey Nays: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Sanders, Toohey, Williams, Willis Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson Absent: Green And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Brice: Page 4, lines 17 - 21: Delete all material. 1996-02-07 House Journal Page 2657 HB 212 Renumber the following bill sections accordingly. Page 5, following line 5: Insert a new bill section to read: "* Sec. 9. AS 41.17.220 is amended by adding new subsections to read: (b) In managing a state forest, the commissioner shall (1) allow for the fullest possible access to, and use of, natural resources, including timber, game, fish, and minerals; (2) maintain forest growth at a high level of productivity; and (3) restrict public use of the land and its resources only when necessary to carry out the purposes of this chapter. (c) In a state forest, the commercial harvest of timber may not be found to be an incompatible use or otherwise restricted unless the commissioner documents the finding with scientific data that clearly justifies the finding or clearly demonstrates the benefit of the restriction." Renumber the following bill sections accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 7 be adopted. Representative James objected. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 7 YEAS: 6 NAYS: 27 EXCUSED: 6 ABSENT: 1 Yeas: Brice, Kott, Kubina, Mulder, Therriault, Vezey Nays: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Sanders, Toohey, Williams, Willis 1996-02-07 House Journal Page 2658 HB 212 Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson Absent: Green And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Brice: Page 4, line 13: Delete provides for Insert secures Representative Brice moved and asked unanimous consent that Amendment No. 8 be adopted. Representative James objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 8 YEAS: 3 NAYS: 31 EXCUSED: 6 ABSENT: 0 Yeas: Brice, Mulder, Vezey Nays: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson And so, Amendment No. 8 was not adopted. 1996-02-07 House Journal Page 2659 HB 212 Amendment No. 9 was offered by Representative Davies: Page 5, following line 19, through line 24: Delete all material. Page 5, line 25: Delete *Sec. 12. Insert *Sec. 11. Representative Davies moved and asked unanimous consent that Amendment No. 9 be adopted. Representative James objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 9 YEAS: 7 NAYS: 27 EXCUSED: 6 ABSENT: 0 Yeas: Brown, Davies, Elton, Finkelstein, Grussendorf, Navarre, Willis Nays: Austerman, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Finkelstein: Page 4, following line 8, through line 16: Delete all material. 1996-02-07 House Journal Page 2660 HB 212 Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 10 be adopted. Representative James objected. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: CSHB 212(FIN) Second Reading Amendment No. 10 YEAS: 10 NAYS: 24 EXCUSED: 6 ABSENT: 0 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Navarre, Nicholia, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson And so, Amendment No. 10 was not adopted. The Speaker stated that CSHB 212(FIN) will be in third reading on the February 9, 1996, calendar. HB 308 The following was read the second time: HOUSE BILL NO. 308 An Act relating to the Uniform Probate Code, including nonprobate transfers, guardianships, trusts, and multiple-party accounts; relating to the Uniform Simultaneous Death Act; amending Alaska Rule of Probate Procedure 5; and providing for an effective date. 1996-02-07 House Journal Page 2661 HB 308 with the: Journal Page JUD RPT CS(JUD) (NT) 5DP 2NR 2504 ZERO FISCAL NOTE (LAW) 2504 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 308(JUD) An Act relating to the Uniform Probate Code, including nonprobate transfers, guardianships, trusts, and multiple-party accounts; relating to the Uniform Simultaneous Death Act; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Finkelstein: Page 14, line 24: Delete "one-third of the augmented estate" Insert "the value of the elective share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule: If the decedent and the spouse The elective share were married to each other: percentage is: Less than 1 year supplemental amount only; 1 year but less than 2 years 3 percent of the augmented estate; 2 years but less than 3 years 6 percent of the augmented estate; 3 years but less than 4 years 9 percent of the augmented estate; 4 years but less than 5 years 12 percent of the augmented estate; 5 years but less than 6 years 15 percent of the augmented estate; 6 years but less than 7 years 18 percent of the augmented estate; 7 years but less than 8 years 21 percent of the augmented estate; 8 years but less than 9 years 24 percent of the augmented estate; 9 years but less than 10 years 27 percent of the augmented estate; 10 years but less than 11 years 30 percent of the augmented estate; 11 years but less than 12 years 34 percent of the augmented estate; 12 years but less than 13 years 38 percent of the augmented estate; 13 years but less than 14 years 42 percent of the augmented estate; 14 years but less than 15 years 46 percent of the augmented estate; 15 years or more 50 percent of the augmented estate" 1996-02-07 House Journal Page 2662 HB 308 Page 20, line 24: Delete "two-thirds of the augmented estate" Insert "the applicable percentage for the augmented estate; in this paragraph, the "applicable percentage" means twice the elective share percentage set out in the schedule in AS13.12.202(a) appropriate to the length of time the spouse and the decedent were married to each other" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Parnell objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 308(JUD) Second Reading Amendment No. 1 YEAS: 6 NAYS: 28 EXCUSED: 6 ABSENT: 0 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Kubina Nays: Austerman, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson And so, Amendment No. 1 was not adopted. The Speaker stated that CSHB 308(JUD) will be in third reading on the February 9, 1996, calendar. HB 314 The following was read the second time: 1996-02-07 House Journal Page 2663 HB 314 HOUSE BILL NO. 314 An Act relating to the crime of violating a domestic violence restraining order. with the: Journal Page JUD RPT CS(JUD) NT 5DP 1NR 2599 4 ZERO FISCAL NOTES (2-ADM, LAW, COURT) 2600 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 314(JUD) An Act relating to domestic violence and to crime victims and witnesses; and amending Rule 613, Alaska Rules of Evidence. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Parnell: Page 2, line 17, following "charged": Insert "in this or another jurisdiction" Representative Parnell moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The Speaker stated that CSHB 314(JUD) am will be in third reading on the February 9, 1996, calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 24 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 24 Relating to student loan default rates at vocational education schools. 1996-02-07 House Journal Page 2664 HCR 24 with the: Journal Page L&C RPT CS(L&C) 4DP 2NR 2596 ZERO FISCAL NOTE (H.L&C/DOE) 2597 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(L&C) (same title) There being no objection, it was so ordered. The question being: Shall CSHCR 24(L&C) pass the House? The roll was taken with the following result: CSHCR 24(L&C) Second Reading Final Passage YEAS: 27 NAYS: 7 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Rokeberg, Sanders, Williams, Willis Nays: Bunde, James, Kelly, Ogan, Therriault, Toohey, Vezey Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson And so, CSHCR 24(L&C) passed the House. Representative Mulder gave notice of reconsideration of his vote on CSHCR 24(L&C). 1996-02-07 House Journal Page 2665 RECONSIDERATION HB 210 Representative Brown brought up reconsideration of the vote on CSHB 210(STA) am (page 2629). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 210(STA) am An Act relating to issuance of motor vehicle registrations and titles, and to licenses and permits to operate a motor vehicle. The question to be reconsidered: Shall CSHB 210(STA) am pass the House? The roll was taken with the following result: CSHB 210(STA) am--RECONSIDERATION Third Reading Final Passage YEAS: 23 NAYS: 11 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Navarre, Nicholia, Sanders, Willis Excused: Barnes, B.Davis, Long, Mackie, Porter, Robinson And so, CSHB 210(STA) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Kubina - from 12:30 p.m., February 9 to 9:21 p.m., plane time, February 11, 1996 1996-02-07 House Journal Page 2666 Representative Masek - from 12:30 p.m., February 9 to 9:25 a.m., plane time, February 12, 1996 Representative Kott - from 5:45 p.m., February 9 to 10:00 p.m., plane time, February 11, 1996; and, from 5:45 p.m., plane time, February 15 to 10:00 p.m., plane time, February 18, 1996 Representative Williams - from 1:45 p.m., February 9 to 10:06 p.m., plane time, February 11, 1996. Representative Brown - from 6:00 a.m., February 15 to 9:21 p.m., February 15, 1996 Representative Austerman - from 12:15 p.m., February 15 to 6:10 p.m., plane time, February 19, 1996 Representative Long - from 9:20 p.m., February 8 to 9:30 p.m., February 11, 1996 Representative Navarre - from 12:00 p.m., February 9 to 1:00 p.m., February 11, 1996 HJR 54 Representative Rokeberg added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 54 Encouraging the lessees of Alaska's vast North Slope natural gas reserves to reach agreement to market gas, expressing the legislature's support for an Alaska North Slope (ANS) gas transmission pipeline, and requesting the President of the United States and the Governor of the State of Alaska to publicly support and take action that will help expedite the construction of that system. HB 272 Representative Navarre added his name as cosponsor to: HOUSE BILL NO. 272 An Act relating to municipal taxation of motor vehicles; and providing for an effective date. 1996-02-07 House Journal Page 2667 HB 314 Representatives Ivan and Nicholia added their names as cosponsors to: CS FOR HOUSE BILL NO. 314(JUD) am An Act relating to domestic violence and to crime victims and witnesses; and amending Rule 613, Alaska Rules of Evidence. HB 464 Representative Robinson added her name as cosponsor to: HOUSE BILL NO. 464 An Act increasing the elective share of a surviving spouse. SB 84 Representative James added her name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN) An Act making a special appropriation to the principal of the permanent fund. SB 190 Representative Grussendorf added his name as cross sponsor to: CS FOR SENATE BILL NO. 190(RES) am An Act establishing a residency requirement for auctions of state land. ENGROSSMENT HB 210 CSHB 210(STA) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus upon adj., 2/7 Majority Caucus Speaker's Chamber 10:00 a.m., 2/8 1996-02-07 House Journal Page 2668 The following meetings today have been changed as indicated: Judiciary Committee 1:00 p.m., 2/7 meeting CHANGED TO: 1:30 p.m., 2/7 Transportation Committee 1:00 p.m., 2/7 meeting CHANGED TO: 1:30 p.m., 2/7 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 9, 1996. There being no objection, the House adjourned at 1:03 p.m. Suzi Lowell Chief Clerk